Samarendra Nath Pal And ANR v. Kolkata Municipal Corporation And ORS

OD-5 ORDER SHEET WPO No.1724 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SAMARENDRA NATH PAL & ANR.

VERSUS

KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:18th October, 2023.

Appearance:

Mr. Prosenjit Mukherjee, Adv.

Mr. Saptashi Chakraborty, Adv.

Mr. Gourab Ghosh, Adv.

...for Petitioners.

Mr. Gopal Chandar Das, Adv.

Ms. Piyali Sengupta, Adv.

...for KMC.

Ms. Joyee Maiti, Adv.

..for State.

The Court:-The application filed by the petitioners seeking permission to carry on repairs of the rented portion mentioned in the sketch map of the building situated at 125, Biplabi Rash Behari Basu Road, Police StationBurrabazar, Borough- IV & V, Kolkata-700001 is pending consideration at the end of the engineers of the Corporation.

According to the petitioners, due to non maintenance of the rented portion by the landlord, it has become difficult for the petitioners to run their business from the said place.

None represents the respondent no.6, landlord of the subject premises. As it appears that the application seeking permission to carry on repairing work is pending consideration at the end of the engineers of the concerned Borough, accordingly, the instant writ petition is disposed of by directing the Executive Engineer to consider the application filed on behalf of the petitioners in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties and to pass a reasoned order and communicate the same to the parties. The aforesaid respondent shall pass a

reasoned order in the matter at the earliest, but positively within a period of eight weeks from the date of communication of this order. A spot inspection may be conducted to ascertain the nature of repairing work that may be required to be conducted.

Learned advocate appearing for the petitioners is directed to forward a copy of the representation dated 21st September, 2023 along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm